Common use of ARTICLE ARBITRATION Clause in Contracts

ARTICLE ARBITRATION. If the Employer or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shall make such request in writing addressed to the other party to this Agreement and at the same time name a Nominee. Within five (5) calendar days thereafter, the other party shall name a Nominee provided however, that if such party fails to name a Nominee as herein required, the Ministry of Labour shall have power to effect such appointment upon application thereto upon the party invoking the arbitration procedure. The two Nominees shall attempt to select by agreement a Chairperson of the Arbitration Board. If they are unable to agree upon such a Chairperson within a period of fourteen (14) calendar days, they shall then request the Ministry of Labour to appoint a Chairperson. At the option of either party, a sole Arbitrator may be substituted for a Board of Arbitration. In event of such mutual agreement, the parties shall exchange names of potential Chairpersons in an effort to reach agreement within a period of fourteen (14) calendar days. If such agreement is not forthcoming within such time limit they shall then request the Ministry of Labour to appoint a Chairperson. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify or add to any provisions of this Agreement or to substitute any new provisions for any existing provisions, or to render any decisions inconsistent with the terms and provisions of this Agreement. The function and purpose of the arbitrator is to determine disputed interpretation of the express terms of this Agreement, or to determine disputed facts upon which the application of those express terms depend. An arbitrator shall not have authority nor shall he or she consider it his or her function to include the decision of any issue not submitted. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidenced to the extent that it does not restrict the terms of this Agreement and an arbitrator shall not have jurisdiction to determine that the parties by practice or implication have amended or supplemented any of the written terms of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and where there is no majority, the decision of the Chairperson will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the Nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairperson of the Arbitration Board. The time limits set out in both the grievance and arbitration procedures herein are exclusive of Saturdays, Sundays, plant shut-downs, and paid holidays. Such time limits are mandatory and the failure to comply strictly with such time limits except by the written agreement of the parties shall result in:

ARTICLE ARBITRATION. Section If the Employer or the Union requests request that a grievance be submitted to arbitration, as hereinbefore herein before provided, it shall make such request in writing addressed to the other party to this Agreement and at the same time name a Nomineenominee. Within five (5) calendar working days thereafter, the other party shall name a Nominee nominee provided however, that if such party fails to name a Nominee nominee as herein required, the Ministry of Labour shall have power to effect such appointment upon application thereto upon the party invoking the arbitration procedure. The two Nominees nominees shall attempt to select select, by agreement agreement, a Chairperson chairperson of the Arbitration Boardarbitration board. If they are unable to agree upon such a Chairperson chairperson within a period of fourteen (14) calendar days, they shall then request the Ministry of Labour to appoint a Chairpersonchairperson. At the option of either party, a sole Arbitrator may be substituted for a Board of Arbitration. In the event of such mutual agreement, the parties shall exchange names of potential Chairpersons chairpersons in an effort to reach agreement within a period of fourteen (14) calendar days. If such agreement is not forthcoming within such time limit limit, they shall then request the Ministry of Labour to appoint a Chairpersonchairperson. Section No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. Section No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. Section The Board of Arbitration shall not have any power to amend, alter, modify or add to any provisions of this Agreement or to substitute any new provisions provision for any existing provisions, or to render any decisions inconsistent with the terms and provisions of this Agreement. The function and purpose of the arbitrator Arbitrator is to determine disputed interpretation of the express terms of this Agreement, or to determine disputed facts upon which the application of those express terms depend. An arbitrator Arbitrator shall not have authority authority, nor shall he or she consider it his or her function to include the decision of any issue not submitted. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidenced evidence to the extent that it does not restrict the terms of this Agreement and an arbitrator Arbitrator shall not have jurisdiction to determine that the parties parties, by practice or implication implication, have amended or supplemented any of the written terms of this Agreement. Section The proceedings of the Arbitration Board arbitration board will be expedited by the parties hereto and where there is no majority, the decision of the Chairperson chairperson will be final and binding upon the parties hereto and the employee or employees concerned. Section Each of the parties hereto will bear the expense of the Nominee nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairperson chairperson of the Arbitration Boardarbitration board. Section The time limits set out in both the grievance and arbitration procedures herein are exclusive of SaturdaysSaturday, Sundays, plant shut-downs, and paid holidays. Such time limits are mandatory and the failure to comply strictly with within such time limits limits, except by the written agreement of the parties parties, shall result in:

ARTICLE ARBITRATION. If the Employer Hospital or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shall make such request in writing addressed to the other party to this Agreement Agreement, and at the same time name a Nomineenominee. Within five seven (57) calendar days thereafter, thereafter the other party shall name a Nominee provided nominee provided, however, that if such party fails to name a Nominee nominee as herein required, the Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto upon by the party invoking the arbitration procedure. The two Nominees nominees shall attempt to select by agreement a Chairperson Chairman of the Arbitration Board. If they are unable to agree upon such a Chairperson Chairman of the Board within a period of fourteen (14) calendar days, they shall then request the Ministry Office of Labour to appoint a Chairperson. At the option Arbitration of either party, a sole Arbitrator may be substituted for a Board of Arbitration. In event of such mutual agreement, the parties shall exchange names of potential Chairpersons in an effort to reach agreement within a period of fourteen (14) calendar days. If such agreement is not forthcoming within such time limit they shall then request the Ministry of Labour of the Province of Ontario to appoint a ChairpersonChairman. No person may be appointed as an Arbitrator arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify or add to any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, or nor to render give any decisions decision inconsistent with the terms and provisions of this Agreement. The function and purpose of the arbitrator is to determine disputed interpretation of the express terms of this Agreement, or to determine disputed facts upon which the application of those express terms depend. An arbitrator shall not have authority nor shall he or she consider it his or her function to include the decision of any issue not submitted. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidenced to the extent that it does not restrict the terms of this Agreement and an arbitrator shall not have jurisdiction to determine that the parties by practice or implication have amended or supplemented any of the written terms of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majority, the decision of the Chairperson Chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the Nominee nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairperson Chairman of the Arbitration Board. The time limits set out in both the grievance and arbitration procedures herein are exclusive of Saturdays, Sundays, plant shut-downs, and paid holidays. Such time limits are mandatory and the failure to comply strictly with such time limits except by the written agreement Agreement of the parties shall result in:in the grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relation Act.

ARTICLE ARBITRATION. If the Employer or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shall make such request in writing addressed to the other party to this Agreement and at the same time name a Nominee. Within five (5) calendar working days thereafter, the other party shall name a Nominee provided however, that if such party fails to name a Nominee as herein required, the Ministry of Labour shall have power to effect such appointment upon application thereto upon the party invoking the arbitration procedure. The two Nominees shall attempt to select by agreement a Chairperson of the Arbitration Board. If they are unable to agree upon such a Chairperson within with a period of fourteen (14) calendar working days, they shall then request the Ministry of Labour to appoint a Chairperson. At If the option of either partyparties mutually agree, a sole Arbitrator may be substituted for a Board of Arbitration. In the event of such mutual agreement, the parties shall exchange names of potential Chairpersons in an effort to reach agreement within a period of fourteen (14) calendar working days. If such agreement is not forthcoming within such time limit they shall then request the Ministry of Labour to appoint a Chairperson. The parties agree that the practice of using a single arbitrator shall be continued for the term of this collective agreement. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify or add to any provisions of this Agreement or to substitute any new provisions provision for any existing provisions, or to render any decisions inconsistent with the terms and provisions of this Agreement. The function and purpose parties agree that the practice of using a single arbitrator shall be continued for the arbitrator is to determine disputed interpretation of the express terms term of this Agreement, or to determine disputed facts upon which the application of those express terms depend. An arbitrator shall not have authority nor shall he or she consider it his or her function to include the decision of any issue not submitted. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidenced to the extent that it does not restrict the terms of this Agreement and an arbitrator shall not have jurisdiction to determine that the parties by practice or implication have amended or supplemented any of the written terms of this Agreementcollective agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and where there is no majority, the decision of the Chairperson will be final and binding upon the parties hereto and the employee or employees concerned. The parties agree that the practice of using a single arbitrator shall be continued for the term of this collective agreement. Each of the parties hereto will bear the expense of the Nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairperson of the Arbitration Board. The time limits set out in both the grievance and arbitration procedures herein are exclusive of Saturdays, Sundays, plant shut-downs, Sundays and paid holidays. Such time limits are mandatory and the failure to comply strictly with such time limits except by the written agreement of the parties shall result in:

ARTICLE ARBITRATION. If the Employer Parties are unable to resolve the difference through the grievance procedure, either party may notify the other, in writing, of its desire to submit the difference to arbitration. The notice referred to in clause (a) shall contain a brief statement of the difference and specify a name or list of names of the Union requests that person or persons it is willing to accept as single arbitrator. On receipts of a grievance notice referred to in clause the party receiving the notice: If it accepts the person or one (1) of the persons suggested to act as arbitrator shall, within fourteen (14) days, notify the other party accordingly and the difference shall be submitted to arbitrationthe arbitrator, as hereinbefore providedor; If it does not accept any of the persons suggested by the party sending the notice shall within fourteen (14) days, it shall make such request in writing addressed to notify the other party to this Agreement accordingly and at send the same time name or a Nominee. Within five (5) calendar days thereafter, the other party shall name a Nominee provided however, that if such party fails to name a Nominee as herein required, the Ministry list of Labour shall have power to effect such appointment upon application thereto upon the party invoking the arbitration procedure. The two Nominees shall attempt to select by agreement a Chairperson names of the Arbitration Boardperson or persons it is willing to accept as the single arbitrator. If they the parties are unable to agree upon such on a Chairperson within a period of fourteen (14) calendar days, they shall then person to act as the single arbitrator either party may request the Ministry Minister of Labour for the Province of Alberta to appoint a Chairpersonsingle arbitrator The arbitrator shall inquire into the difference and issue an award in writing and the award is final and binding on the parties and on every employee affected by it. At Each party will bear in equal proportion the option expenses and allowances of either party, a sole Arbitrator may be substituted for a Board of Arbitrationthe arbitrator. In event the case of such mutual agreement, the parties shall exchange names of potential Chairpersons in an effort to reach agreement within a period of fourteen (14) calendar days. If such agreement is not forthcoming within such time limit they shall then request the Ministry of Labour to appoint a Chairperson. No person may be appointed as an Arbitrator employee who has been involved in an attempt to negotiate discharged or settle the grievance. No matter may be submitted to arbitration which has not been properly carried all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amendotherwise disciplined, alter, modify or add to any provisions of this Agreement or to substitute any new provisions for any existing provisions, or to render any decisions inconsistent with the terms and provisions of this Agreement. The function and purpose of if the arbitrator is to determine disputed interpretation of the express terms of finds that there was no cause for such discharge or discipline, such employee shall be reinstated with full back pay and all other rights and privileges preserved under this Agreement, or to determine disputed facts upon which the application of those express terms depend. An arbitrator shall not have authority nor shall he or she consider provided always that if it his or her function to include the decision of any issue not submitted. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidenced is shown to the extent that it does not restrict the terms of this Agreement and an arbitrator shall not have jurisdiction to determine Arbitrator that the parties by practice employee has been in receipt of wages during the period between discharge or implication have amended suspension and reinstatement, or supplemented any date of failure to rehire and rehiring, the written terms of this Agreement. The proceedings of the Arbitration Board will amount so received shall be expedited deducted from wages payable by the parties hereto and where there is no majority, the decision of the Chairperson will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the Nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairperson of the Arbitration Board. The time limits set out in both the grievance and arbitration procedures herein are exclusive of Saturdays, Sundays, plant shut-downs, and paid holidays. Such time limits are mandatory and the failure Company pursuant to comply strictly with such time limits except by the written agreement of the parties shall result in:this section.

ARTICLE ARBITRATION. If the Employer or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shall make such request in writing addressed to the other party to this Agreement Agreement, and at the same time name a Nomineenominee. Within five seven (57) calendar working days thereafter, thereafter the other party shall name a Nominee provided nominee provided, however, that if such party fails to name a Nominee nominee as herein required, the Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto upon by the party invoking the arbitration procedure. The two Nominees nominees shall attempt to select select, by agreement agreement, a Chairperson Chairman of the Arbitration Board. If they are unable to agree upon such a Chairperson Chairman within a period of fourteen (14) calendar working days, they shall then request the Ministry Office of Labour to appoint a Chairperson. At the option Arbitration of either party, a sole Arbitrator may be substituted for a Board of Arbitration. In event of such mutual agreement, the parties shall exchange names of potential Chairpersons in an effort to reach agreement within a period of fourteen (14) calendar days. If such agreement is not forthcoming within such time limit they shall then request the Ministry of Labour of the Province of Ontario to appoint a ChairpersonChairman. No person may been involved grievance. be appointed as an Arbitrator arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify or add to any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, or to render give any decisions decision inconsistent with the terms and provisions of this Agreement. The function and purpose of the arbitrator is to determine disputed interpretation of the express terms of this Agreement, or to determine disputed facts upon which the application of those express terms depend. An arbitrator shall not have authority nor shall he or she consider it his or her function to include the decision of any issue not submitted. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidenced to the extent that it does not restrict the terms of this Agreement and an arbitrator shall not have jurisdiction to determine that the parties by practice or implication have amended or supplemented any of the written terms of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majority, majority the decision of the Chairperson Chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the Nominee nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairperson Chairman of the Arbitration Board. The time limits limit set out in both the grievance and arbitration procedures herein are exclusive may be extended by mutual agreement in writing. At any stage of Saturdaysthe Grievance Procedure including Arbitration, Sundays, plant shut-downsthe parties may have the assistance of the employee or employees concerned as witnesses, and paid holidays. Such time limits are mandatory and all reasonable arrangements will be made to permit the failure conferring parties or the Arbitration Board to comply strictly with such time limits except by the written agreement have access to any part of the parties shall result in:Employer's premises to view any working conditions which may be relevant to the settlement of the grievance.

ARTICLE ARBITRATION. If the Employer or the Union requests that a Whenever either party to this Agreement submits any grievance be submitted to arbitration, as hereinbefore provided, it written notice shall make such request in writing addressed be given to the other party to this Agreement formally stating the subject of the grievance, and at the same time name time, naming a Nomineenominee. Within five ten (5IO) calendar days thereafterafter receipt of such notice, the other party shall name a Nominee provided however, that if such party fails to name a Nominee as herein required, the Ministry of Labour shall have power to effect such appointment upon application thereto upon the party invoking the arbitration procedurenominee. The nominees representing the two Nominees parties shall meet immediately, and if they fail to agree upon a settlement of the grievance within three (3) full working days after they have first met, then they will attempt to select by agreement agree upon a Chairperson Chair of the Arbitration Board. If they are unable Either party may apply to agree upon such a Chairperson within a period of fourteen (14) calendar days, they shall then request the Ministry of Labour to appoint under Section for expedited Arbitration under the Labour Relations Act. As soon as the Arbitration Board has been completed by the selection of a Chairperson. At Chairman, it shall meet and hear the option evidence and representations of either party, both parties and shall render a sole Arbitrator may be substituted for a Board of Arbitration. In event of such mutual agreementdecision as soon as possible, the parties intentions being that all decisions shall exchange names of potential Chairpersons in an effort to reach agreement be given within a period of fourteen seven (147) calendar days. If such agreement is not forthcoming within such time limit they shall then request the Ministry of Labour to appoint a Chairpersondays after arbitration proceedings have commenced. No person may persons shall be appointed selected as an Arbitrator who has have been directly involved in an attempt attempts to negotiate or settle the grievance. The time limits and other procedural requirements set out in Article and are mandatory and not merely directory. Therefore, failure to put a grievance in writing at the proper step in accordance with the requirement of Articles or shall be deemed a complete waiver and abandonment of the grievance. Any grievance not appealed from one step of the grievance procedure to the next within the specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been properly carried through all requisite specified previous steps of the grievance procedureprocedurewithin the time limits specified. The mandatory provisions of Article and shall not be considered to have been waived by the parties or either of them unless they expressly provide a waiver thereof in writing signed by both parties. The decision of the Chairman of such Arbitration Board of shall be final and binding on both parties to this Agreement. Neither an Arbitrator nor an Arbitration Board shall not have jurisdiction to alter or change any power to amend, alter, modify or add to any of the provisions of this Agreement Agreement, or to substitute any new provisions for in lieu thereof, nor to give any existing provisions, or to render any decisions decision inconsistent with the terms and provisions of this Agreement. The function and purpose of the arbitrator is to determine disputed interpretation of the express terms of this Agreement, or to determine disputed facts upon which the application of those express terms depend. An arbitrator shall deal with any matter not have authority nor shall he or she consider it his or her function to include the decision of any issue not submitted. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidenced to the extent that it does not restrict the terms of this Agreement and an arbitrator shall not have jurisdiction to determine that the parties covered by practice or implication have amended or supplemented any of the written terms of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and where there is no majority, the decision of the Chairperson will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense expenses of the Nominee Arbitrator appointed by it it, and the parties will share equally jointly bear the fees and expenses, if any, expenses of the Chairperson Chairman of the Arbitration Board. The time limits set out in both the grievance and arbitration procedures herein are exclusive of Saturdays, Sundays, plant shut-downs, and paid holidays. Such time limits are mandatory and the failure to comply strictly with such time limits except by the written agreement of the parties shall result in:if any.